Legal Question in Technology Law in New York
I live in NY. My ex girlfriend secretly video recorded intimate moments we had without my consent or knowledge and is planning to make cds and mail to my neighbors, family, coworkers, etc. This occurred in my home. Isn't it a crime to even have recorded me without consent, without distributing? She sends me text messages with the said videos daily, and tells me to wait and see when everyone sees it.
1 Answer from Attorneys
Whether it is a crime in NY, I'm not so sure. I know in some states they have enacted "revenge porn" statutes that make this sort of thing illegal. Georgia has such a statute for example. So I would definitely chat with a local police detective or county ADA and see if there is anything they could do.
That said, you most certainly have a civil claim against her for this kind of activity. I mean this in my mind has clearly crossed the threshold for harassment for example and I'm sure there are other claims as well. You may want to consider just filing in the small claims court which has a max award of 5k but no need for a lawyer.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Our firm is now referred by the American Bar Association (see under the New York section):
http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.